WEBSITE TERMS & CONDITIONS

Summary:

BellaCreative will always do the best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

So in short;

You are hiring BellaCreative to:

Design and develop a web site

For the estimated total price as outlined in our previous correspondence.

Of course it’s a little more complicated, but we’ll get to that.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give BellaCreative the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review BellaCreatives work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.

BellaCreative: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We will endeavour to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

GETTING DOWN TO THE NITTY GRITTY

Design

BellaCreative creates look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. BellaCreative creates designs iteratively and use predominantly PHP and CSS so I won’t waste time mocking up every template as a static visual. I may use visuals to indicate a creative direction (colour, texture and typography.) I call that ‘atmosphere.’

You’ll have plenty of opportunities to review our work and provide feedback. BellaCreative will provide a development site for you and we’ll have regular, possibly daily contact.

If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction the work is taking you’ll pay BellaCreative in full for the time we’ve spent working with you until that point and terminate this contract.

Text content

Unless agreed separately, BellaCreative is not responsible for providing copywriting and editing services, so if you’d like us to create new content we can provide a separate estimate for that.

Graphics and photographs

You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, BellaCreative can suggest stock libraries. If you’d like BellaCreative to search for photographs for you, we can provide a separate estimate for that.
If you would like photographs edited, we can provide a separate estimate for that.

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.

BellaCreative tests our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We will also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. BellaCreative won’t test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, BellaCreative can provide a separate estimate for that.

Mobile browser testing

Mobile browser testing Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:

We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless agreed to separately. If you need us to test using these, we can provide a separate estimate for that.

Technical support

We’re not a website hosting company so we don’t offer support for website hosting, email or other services relating to hosting. You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at one of our preferred hosting providers. We can set up your site on a server, plus any statistics software such as Google Analytics and we can provide a separate estimate for that. Then, the updates to, and management of that server will be up to you.

Search engine optimisation (SEO)

We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.
BellaCreative provides basic SEO and suggestions on improvements that can be made. For more indepth SEO after your site has gone live, BellaCreative can provide an estimate.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the number of weeks that BellaCreative estimates it will need to accomplish everything you’ve told us you want to achieve, but we are happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional weeks.

Legal stuff

BellaCreative will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that BellaCreative’s work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to BellaCreative will also be limited to the amount of fees payable under this contract and you won’t be liable to BellaCreative or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Phew.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Blimey.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect BellaCreative from any claim by a third party that we are using their intellectual property.

BellaCreative guarantees that all elements of the work we deliver to you are either owned by BellaCreative or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, BellaCreative agrees to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, We’ll assign all intellectual property rights to you as follows:

You’ll own the website BellaCreative designs for you plus the visual elements that BellaCreative creates for it. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.

BellaCreative owns any intellectual property rights BellaCreative has developed prior to, or developed separately from this project and not paid for by you. BellaCreative will own the unique combination of these elements that constitutes a complete design and BellaCreative will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule & details

We’re sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we are also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule. It helps us feed our children.

Payment details

All new web design or development projects require an initial deposit equal to 1/3 +GST of the estimated total project cost (or no less than $300 +GST) at the time of acceptance.

If the project contains a design phase, then a progress payment as set by BellaCreative Ltd is payable on acceptance of the design phase.

The final balance will be due upon completion of the web development project and must be paid before it is released to the client or published to the internet.

BellaCreative retains the right to hold all project design and development work (with the exception of content and graphics provided by the client), until payment is received in full for such items.

Payment schedule

The client accepts that payment terms in relation to BellaCreative Ltd’s fees provide that payment is to be made within 7 days of the date of the invoice unless otherwise agreed with BellaCreativein writing.

If payment is outstanding the client accepts that all work will cease until the account is either settled or a satisfactory agreement is in place.

If the outstanding payment relates to a service provided by BellaCreative Ltd, that service will be suspended until the account has been paid in full.

Invoices

BellaCreative issue invoices electronically. Our payment terms are 7 days from the date of invoice.. All proposals are quoted in $NZD and payments will be made at the equivalent conversion rate at the date the transfer is made.

You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be printed on our electronic invoice. BellaCreative reserves the right to charge interest on all overdue debts at the rate of 15% per month or part of a month.

Commencement of Work

Work will begin as soon as is practicable and scheduled once the terms have been agreed to and the form at the bottom of this page has been received by BellaCreative Ltd.

This forms an agreement between BellaCreative Ltd and yourself (the client). If for any reason there is any non communication from the client or a change in circumstances occurs which results in the termination of the project, the client agrees to pay for any time spent on the project by BellaCreative Ltd – but not yet billed – in full.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.

This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of New Zealand courts.